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MITCHEM v. BALKCOM

22021.

219 Ga. 47 (1963)

131 S.E.2d 562

MITCHEM v. BALKCOM, WARDEN.

Supreme Court of Georgia.

Decided May 29, 1963.

Attorney(s) appearing for the Case

Sam Johnson, Rene Kemp, for plaintiff in error.

Eugene Cook, Attorney General, Howard P. Wallace, Assistant Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, contra.

CANDLER, Justice.

In this State the common-law rule that the doctrine of res adjudicata does not extend to the trial of habeas corpus proceedings is not of force and such proceedings are subject to the provisions of Code § 110-501. See Andrews v. Aderhold, 201 Ga. 132 (2) (39 S.E.2d 61); and Wells v. Keith, 213 Ga. 858 (102 S.E.2d 533

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